In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection?

California, United States of America


The following excerpt is from People v. Campos, H038965 (Cal. App. 2014):

The prosecutor's rebuttal was a fair response to statements in defense counsel's closing argument. Defense counsel referred to the point on the diagram where a hypothetical defendant confesses to a crime and said "We didn't get here." The prosecutor's rebuttal responds with a reason the case did not get to "that point." But even if the prosecutor's statement went beyond a fair response, we find no reasonable probability of a different result had defense counsel made and the trial court sustained an objection and admonished the jury. Though defendant argues the evidence supporting his conviction was "noticeably weak," evidence obtained at trial, including K.M.'s testimony, which was consistent with her previous statements to her mother, the police, and at the preliminary hearing, provided evidence from which a rational trier of fact could have found defendant guilty beyond a reasonable doubt. (See People v. Jones (1990) 51 Cal.3d 294, 316 [generic testimony can support conviction if it describes (1) "the kind of act or acts committed with sufficient specificity, both to assure that unlawful conduct indeed has occurred and to differentiate between the various types of proscribed conduct"; (2) "the number of acts committed with sufficient certainty to support each of

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